6?8 l?ECOllD$ OF THE FEDEKAL CONVENTION Saturday MADISON Septeraber being too necessary, to be omitted. and on a second question it was agreed to nero. con. (Art II Sect. z. The words, "and not per capita " -- were struck out as superfluous- and the words "by the Repre- sentatives" also- as improper, the choice of President being in another mode as well as eventually by the House of Reps-- Art: II. Sect. z. After "Officers of the U.S. whose ap- pointments are not otherwise provided for," were added the words "and which shall be established by law".) ? Art III. sect. ?. parag: 3-. Mr. Pinkhey & Mr. Gerry moved to annex to the end. "And a trial by jury shall be preserved as usual in civil cases." Mr. Gorham. The constitution of Juries is different in different States and the trial itself is usual in different cases in different States, Mr. King urged the same objections Genl. Pinkney also. He thought such a clause in the Constitution would be pregnant with embarassments The motion was disagreed to nem: con: Art. IV. sect 2. parag: 3. the term "legally" was struck out, and "under the laws thereof" inserted (after the word "State,") 6 in compliance with the wish of some who thought the term (legal) equivocal, and favoring the idea that slavery was legal in a moral view-- Art. IV. sect 3. "New States may be admitted by the Congress into this Union: but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congs." Mr Gerry moved to insert after "or parts of States" the words "or a State and part of a State" which was disagreed to by a large majority; it appearing to be supposed that the case was comprehended in the words of the clause as reported by the Committee. (Art. IV. sect. 4. After the word "Executive" were in- Based upon Journal (p. 383). See above note Z. Crowed out "in aaother place'?o Change accords with Journal, p. 384.
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